affected parties, on the general nature and intent of the product noise labeling program. Also, product manufacturers and suppliers potentially affected would have substantial lead-time to formulate voluntary labeling programs that would satisfy EPA’s labeling requirements or to prepare for possible Federal noise labeling regulatory action.
Another reason for issuing General Provisions concerns the need for label uniformity. If product noise labels are relatively similar in format and require approximately the same cognitive skills across different product classes, the consumers will be more likely to notice, recognize, and learn how to use the information effectively. Regulatory requirements that cannot be generalized for all products, such as testing methodologies, have not been specified in the General Provisions and will be addressed in future product-specific subparts.
Other commenters argued that EPA had no authority to issue the General Provisions. They maintained that Section 8 gave the Administrator authority to promulgate labeling regulations only with respect to products'which emit "* * * noise capable of adversely affecting the public health or welfare," or which are "* * * sold wholly or in part on the basis of [their] effectiveness in reducing noise," and that until such product-specific regulations were promulgated, no authority exists to require labeling. The General Provisions, as stated above, were proposed concurrently with product-specific labeling provisions for Hearing Protectors. Both of the proposed regulations appeared in the same issue of the Federal Register. The General Provisions were proposed as Subpart A to 40 CFR 211, and the product-specific Hearing Protector requirements as Subpart B. The General Provisions were proposed and will exist, therefore, as part of the regulatory requirements for the labeling of hearing protectors. The Agency’s authority for proposing and promulgating them clearly exists within the authority granted the EPA in Section 8 (a) and (b) for the labeling of products "* * * sold wholly or in part on the basis of [their] effectiveness in reducing noise."
At the time that other product-specific proposals are published, the Agency will establish a public comment period and will solicit comment on all aspects of the proposed rulemaking, including the appropriateness and reasonableness of the General Provisions as they apply to the particular product.
2. Determining if a Product is Capable of Adversely Affecting Public Health or Welfare. Several commenters expressed concern about the Agency’s authority to label noise producing products, as that authority is defined by the language of Section 8 of the Act. That language states that the Administrator of the EPA shall designate and label any product "* * * which emits noise capable of adversely affecting the public health or welfare." The questions that were raised concerned the process and criteria by which the EPA will make such determinations in general, or with respect to particular products. Commenters offered various interpretations of the statutory language in question. In particular, they questioned the provisions that relate to the adverse health or welfare impact within the focus of Section 8. Some commenters suggested that only actual hearing damage may be considered, and that aspects such as cumulative exposure, or factors such as annoyance, should not be considered.
There are many products which merit potential consideration under Section 8, relative to their possible adverse health effects. Therefore, the EPA has decided that it will not attempt to specify a detailed methodology or formula by which it will determine whether the noise emissions from a particular product are capable of adversely affecting the public health or welfare. Instead, the Agency will approach the question on a product-by-product basis, presenting in detail the rationale underlying its determination for each product. In making these determinations the EPA will use the World Health Organization’s definition of health and welfare—"* * * complete physical, mental and social well being and not merely the absence of disease and infirmity." EPA will also use the health and welfare criteria and findings specified in the EPA’s "Criteria"[1] and "Levels"[2] documents, and any other criteria that may be developed as a result of further research and analysis into the adverse physiological or psychological effects of noise. Those criteria may encompass both the auditory and non-auditory effects of noise, including stress effects and annoyance, and will take into account the effects of cumulative exposure on individuals. Auditory, non-auditory and stress effects, as well as annoyance are highlighted because they are well established aspects of most studies concerning the possible adverse effects of noise on humans.
B. Product Selection Criteria
The EPA received many comments about the criteria or factors that it should consider in deciding which particular products should be labeled first. Fifteen factors were listed in the Supplementary Information section of the Preamble to the Notice of Proposed Rulemaking 42 FR 31723. Of the nearly sixty comments received that concerned product selection criteria, well over half could be included within those fifteen examples. Some commenters suggested specific products or product classes for labeling action rather than objective criteria. These comments are aggregated and presented in Part III of the Regulatory Analysis[3] accompanying this rulemaking.
In implementing the noise labeling program, the EPA must consider many different products for possible regulatory action, and have a means of selecting products for initial study. For this reason the fifteen factors referenced above were developed and presented in the preamble to the June 22, 1977 proposal. It is important to distinguish EPA’s use of these factors in selecting various products as initial candidates for labeling action, from the question of EPA’s authority to promulgate noise labeling standards for a particular product. The issue of the Agency’s authority with respect to products which produce noise (i.e., whether such a product emits noise capable of adversely affecting the public health or welfare) will be addressed in detail for each product that is selected for noise labeling regulatory action. The EPA has reviewed the comments received concerning the initial product selection criteria, and has revised and expanded its selection factors.
The criteria for selecting a product as an initial candidate for labeling are based on the intent of Congress in
- ↑ Public Health and Welfare Criteria for Noise, July, 1973; EPA 550/9-73-002.
- ↑ Information on Levels of Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety, March, 1974, EPA 550-9-74-004.
- ↑ Regulatory Analysis Supporting The General Provisions For Product Noise Labeling, August 1979; EPA 550/9-79-255
